The Pharma Data

MAY 13, 2021

Description: How A Handsome Doctor From Texas Saved My Life. I could hear doctors and nurses speaking in hushed tones…. I gave up carbs, fats, alcohol, meat – just as the doctor ordered…. My dear old doctor told me that hormone testing is expensive and unnecessary…. My doctor said it was all simple math….

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The Pharma Data

MAY 13, 2021

Doctors hate this advice. Simone urged him to go see a doctor. He was given a death sentence by his doctor. Near the nine month mark, Stamatis booked an appointment with his cancer doctor back in the States. The test results were so unusual, his doctor asked if he’d been taking experimental cancer drugs. “No,

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Drug & Device Law

JULY 24, 2023

2019) (“ PATDC82 I ”), because the third-party payor (“TPP”) plaintiffs were allowed to misuse RICO to pursue what was essentially a garden variety inadequate warning case – that the drug Actos increased the risk of bladder cancer. It seems quite logical that Plaintiffs would have paid for a different drug to treat patients’ diabetes. . . .

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Drug & Device Law

DECEMBER 28, 2022

Forward is more fun, as we scan a schedule full of motions, MDL decision-trees, and trials in, er, challenging jurisdictions. Enterprising plaintiff lawyers are exploiting the many residents of drug and device supply chains to gin up personal jurisdiction by finding local players (raw material suppliers, clinical trials, etc.)

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Drug & Device Law

APRIL 29, 2022

We write on a chilly day in Philadelphia – we and the Drug and Device Law Little Rescue Dogs all shivered on our morning walk. The trial court denied the motion. On appeal, the intermediate appellate court affirmed, holding that “[the geologist’s] testimony about the amount of asbestos released.

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Drug & Device Law

DECEMBER 29, 2023

2023) (remote trial testimony cannot be compelled beyond Rule 45’s 100-mile limit on subpoenas) ( here ); Carson v. 2023) (HHS cannot force pharmaceutical manufacturers to sell unlimited amounts of prescription drugs at a discount) ( here ). They excluded bogus expert testimony under Fed. Bonta , 85 F.4th Monsanto Co. ,

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Drug & Device Law

JUNE 6, 2022

Thus a confident learned intermediary’s testimony will defeat causation as a matter of law by stating that, notwithstanding a poor result, the treatment provided was standard of care, and even in hindsight they would not do anything different. Confident learned intermediaries stand by their medical decisions. Medrano , 28 S.W.3d 3d 75 (Fla.

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Drug & Device Law

JANUARY 11, 2022

The drugs at issue are in class that is generally used as a second-line treatment for diabetes. Plaintiffs allege that the drug causes heart failure and related cardiac conditions. At the request of the FDA, manufacturers conducted a cardiovascular outcomes study, a randomized controlled trial with multiple cardiac endpoints.

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Drug & Device Law

MARCH 9, 2022

The issue in Robinson was the admissibility of testimony by the plaintiff’s regulatory expert. In drug and device litigation, plaintiff regulatory experts aim to take the witness stand and deliver the plaintiff lawyer’s closing argument, clothed in jargon. So much for judicial gate-keeping, Inadequate Warnings to Doctors.

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Drug & Device Law

FEBRUARY 28, 2022

at 287 (citing transcript of expert’s testimony). [A]t A]t first blush, [the expert’s] testimony. No other witness offered testimony on these unidentified standards. An excellent example is the Sherman case, which involved junk science causation testimony in what we call a “toxic soup” chemical exposure case.

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Drug & Device Law

FEBRUARY 21, 2022

702 expert gatekeeping decisions bearing that caption, as Martinez approaches trial (scheduled for March 21, although the plaintiff has sought a continuance). Specifically, Pence’s professional experience is limited to prescription drugs. “She pelvic mesh case. Coloplast Corp. 2022 WL 425206 (N.D. Coloplast Corp. 2022 WL 409638 (N.D.

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Drug & Device Law

OCTOBER 20, 2022

While that may be true when it comes to trial judges and juries in certain parts of the state, the Texas Products Liability Act and much of the appellate case law applicable to product liability are pretty tight. For some reason, though, plaintiff attempted to rely on the deposition testimony of two of the treating physicians, Drs.

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Drug & Device Law

SEPTEMBER 9, 2022

317, 322 (1986), that summary judgment was mandated “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” It focused squarely on the doctor. Catrett , 477 U.S. The second was the decision below.

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